City Council 9-5-05

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SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 6, 2007

8:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

      Mayor: Molly Park

      Councilmembers: Joel Bennett, Cathy DeCourcy, Judy MacManus, and Richard Williams.

      City Attorney: Tim Kuntz

      City Building Official: Russ Wahl

      City Engineer: Tim Hanson

      City Planner: Laurie Smith

      City Treasurer: Mike Blair

      City Clerk: Cathy Iago

           and Members of the General Public

      City Forester Jim Nayes was absent.

1.   CALL TO ORDER:                        Mayor Molly Park opened the meeting at 8:00 p.m. and explained the meeting was delayed due to the School District Election. She asked Council and staff to introduce themselves to those present.

2.   APPROVE AGENDA:       Mayor Park asked if there were any additions or corrections to the agenda and there was no response.

Councilmember MacManus moved approval of the Agenda, seconded by Councilmember DeCourcy and carried.



3.   CONSENT AGENDA:       The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response.

Councilmember Williams moved approval of the Consent Agenda, seconded by Councilmember DeCourcy and carried.

a.       Regular Council meeting minutes of October 2, 2007.

b.      List of Bills

c.       Monthly Financial Statements

4. COMMENTS FROM THE PUBLIC: Mike Hovey thanked the City Engineer for the excellent job grading Charlton Road. Mr. Hanson stated he would pass the compliment to the contractor.

5.   PLANNING COMMISSION:   Site & Building Plan Review/Conditional Use Permit/Variance for New Home Construction on a Non-Conforming Lot of Record, 120 Salem Church Road, Richard and Tracy Noble.

Planner Smith explained the request of JMS Custom Homes LLC, on behalf of the property owners Richard and Tracy Noble for approval of site and building plans to allow construction of a new home on an existing non-conforming lot of record. She stated the property currently contains a single family home and a detached garage and the locations of the buildings do not comply with required setbacks, thus rendering them non-conforming. She noted the lot contains 2.52 gross acres, but after accounting for the Salem Church Road right-of-way and slopes in excess of 12 percent, the lot is less than the required 2.5 acres. She explained the applicant wishes to tear down the existing structures and construct a new home with an attached garage on the site; the request requires approval of a CUP to allow for redevelopment of a substandard lot.

The Planner stated that the applicant is also requesting approval of a 50-foot variance from the side yard setback, along Salem Church Road, for construction of the new home. She noted that the although the home accesses off of Salem Church Road along the north lot line, the front lot line is actually the east lot line; she explained that based on the Zoning Ordinance definition of a front lot line, the boundary abutting a public right-of-way or private access road having the least width is considered the front lot line. She stated that the proposed new home is consistent with the front, south side and rear setbacks. She further explained that the proposed home is consistent with the requirement in the City Code for building materials, lot coverage and height requirements; the height distance over grade being 29.84 ft. and 29.39 ft. from the first floor elevation.

Ms. Smith advised that the new septic and drainfield location has been reviewed and approved by the City’ Septic Inspector. She stated that eleven (11) decorative lights and nine (9) recessed lights would be installed and that there are no issues related to their location. She further explained that there would be fifteen (15) trees removed for construction and that twenty-seven (27) new trees would be planted; the City Forester has reviewed and approved the landscape plan.

The Planner stated that the proposed construction is consistent with the site plan and building criteria for a non-conforming lot. She advised that staff found the hardship to be related to the size and shape of the lot and found it would be nearly impossible to construct a new home on the site to meet the required setbacks; therefore, reasonable use of the property would be non-existent if the variance is not approved.

The Planning Commission unanimously recommended approval of the requests with the conditions as listed in the Planner’s report dated October 24, 2007.

Mayor Park asked if the applicant had any comments.

Andy Porter of JMS Custom Homes stated he was present representing the property owner and extended his thanks to staff and the Planning Commission; he advised Council it was a very good experience working with the Planner and the Commission.

Dick and Tracy Noble were present and also commented that they had a great experience working with staff and the Commission. Mr. Noble stated they have 3 children and are looking forward to moving into the City.

Erick Nelson of JMS Custom Homes was present and stated he would be the on-site construction manager for the project.

Mayor Park asked if Council had any comments or questions.

Councilmember Bennett stated he had discussed the email from a concern resident relating to the variance with Planning Chair Bulach and he questioned if the resident had expressed any further concern.

Chair Bulach explained that Commissioner Votel had requested the Planner research the setbacks for other properties in the area and after the Commission reviewed that information they believed there was no basis for the concerns raised in the email. He advised that he had not heard any further comments from the resident.

Mayor Park pointed out that the current setback for the existing home is 27 ft. and the new setback would be 50 ft.

Andy Porter also noted that there are a substantial number of trees on the property to screen the home from adjacent properties.

Planner Smith referred Council to the same handout she distributed to the Planning Commission that showed the setbacks and the widths for other properties in the area; she also noted that after viewing the handout the Planning Commission determined that the concerns expressed in the email could be mitigated.

Mayor Park questioned if the swimming pool issue had been resolved.

Andy Porter explained that the property owners wished to keep their options open regarding the installation of the pool and therefore it was included in the approval; however, he advised that no determination for installation has been made at this time.

Councilmember Bennett pointed out that if the pool installation is not completed within a reasonable time-frame the applicant would have to come back for approval. He suggested that some timetable for installation be included as part of the action taken on the matter. He suggested that if the pool is not constructed within one year from the date of the certificate of occupancy the applicant should come back with a plan for approval. Councilmembers DeCourcy and MacManus agreed.

Mayor Park asked if a condition regarding the pool was included in the Planner’s report. Planner Smith responded no and stated it should be added if Council wishes to set a time-line.

Councilmember Williams stated he believes the City Code requires the pool to be installed within one year of approval.

Councilmember Bennett questioned if language still should be added as a condition.

Planner Smith reviewed the Code and explained that she believes progress on the pool construction would need to be started within one year of approval or the applicant would have to come back with another request.

Mayor Park asked the City Attorney for his opinion. Mr. Kuntz responded that he believes the Council should add a condition that clarifies their recommendation.

Councilmember Bennett asked if the applicant had any problems with the additional condition. Mr. Porter stated the applicant is not opposed to the condition being included.

Councilmember Williams questioned the rain garden installation.

Mr. Porter stated he is working with the Landscape Architect regarding the rain garden location and installation. He stated that the applicant has no problem with installing the rain garden; however, he requested staff define the City’s expectation.

Councilmember DeCourcy commented that with small children she would have a concern relating to ponding.

Mr. Porter explained that no ponding would be installed and that the water does not stand in the rain garden.

Councilmember Williams explained he has mixed feelings regarding rain gardens since they need a substantial amount of maintenance; he noted that the rain gardens in Sunfish Lake appear to do well because they are maintained.

Planner Smith pointed out that the rain garden was not listed as a condition but it was strongly encouraged by the Planning Commission.

Councilmember Williams stated he is comfortable with the Commission recommendation and he did not wish to add the rain garden as a condition.

Mayor Park asked if there were any further comments and there was no response.

Councilmember Williams moved to approve the following, seconded by Councilmember DeCourcy:

1) A Conditional Use Permit based on a finding that the request is consistent with the requirements of the Zoning Ordinance and the intent of the Comprehensive Plan and will be compatible with the surrounding land uses;

2) A. 50-foot Variance to allow the construction of a new home 50 feet from the side yard property (right-of-way) line abutting Salem Church Road, based on a finding that non-economic hardship has been demonstrated;

3) A Site and Building Plan approval to permit the construction of a new home on a lot located at 120 Salem Church Road, subject to the eight (8) conditions as listed in the Planner’s Report dated October 24, 2007 and with an additional condition No. 9 which requires that construction of the swimming pool begin within one year from the date of issuance of the Certificate of Occupancy for the new home or the applicant must submit a new application for the swimming pool construction.

Motion carried.

Council welcomed the Noble family to the City and thanked the Planner for her report.

6.   INSPECTOR’S REPORTS:

      a.   City Engineer: 2007 Street Improvement Project: Engineer Hanson explained that all work has been completed on the 2007 Street Improvement Project. He advised that the striping of the speed hump on Angell Road was completed according to standard marking requirement. He stated that final payment was made to the contractor Allied Blacktop in the amount of $35,671.50; he explained the cost breakdowns for the various projects.

Construction Monitoring: Mr. Hanson stated he reviewed the private home construction sites for the Chase residence and the Flynn residence; he noted that both sites have maintained their erosion control facilities. He explained that the Chase residence completed the grading and landscaping and the site was review and by staff on November 1.

Angell Acres preliminary Plat Review: Mr. Hanson stated there was no activity on this project.

Charlton Road Feasibility Study: Engineer Hanson stated the Charlton Road Task Force met on October 23 with Fire Chief Mackzo and the group walked the roadway from the Church parking lot to Delaware Avenue and back. He explained the Task Force looked at the street condition, drainage, existing vegetation and discussed the likes and concerns of the existing roadway. He noted that several road width measurements were taken and the driving width of the road varied between 17 and 21 feet; he explained this width did not include should width and roadside slopes which appeared to be as wide as 24 feet in some locations. He advised that trees and undergrowth were encroaching on the road in several areas and that the group identified areas where additional width could be provided for parking bays. He commented that it was a very interesting experience.

Traffic Signs: The Engineer explained the “Stop Ahead” sign was reinstalled for westbound Salem Church Road traffic approaching Delaware Avenue; the sign had been knocked over. He also stated a “Speed Hump Ahead” sign was replaced on Angell Road; the original sign had been removed.

Snow Removal Proposal: Mr. Hanson stated he solicited three quotes for snow removal in 2007-2008 and two quotes were returned; Pine Bend Paving and McPhillips. He explained that he compared the quotes and found them to be very close. He recommended the contract be awarded to Pine Bend Paving for the 2007-2008.

Mayor Park asked if representatives from McPhillips had ever expressed their displeasure at not being chosen.

Mr. Hanson responded yes, but explained that they understand it is a cost issue and he believes that is why the quotes were so close this year.

Councilmember Williams moved to award the 2007-2008 snowplowing contract to Pine Bend Paving in the amount of $1,040.80, seconded by Councilmember Bennett and carried.

Charlton Road Grading: Engineer Hanson explained that the fall surface blading and compacting of Charlton Road was completed on November 1 and that additional Class V Aggregate was brought in to repair washout areas along the roadway. He noted that both he and the blade operator found the aggregate to be thin in several locations.

Speed Trailer on Charlton Road: Mr. Hanson stated that the Police Chief had placed the speed trailer on Charlton Road as requested by Council; however the trailer had a faulty computer so no data was recorded. He explained that the Chief indicated that speeders are infrequent along Charlton Road in all previous speed reports and that he would have the trailer periodically placed on Charlton Road but would not leave it overnight to create a traffic hazard.

Anticipated Activities for November: The Engineer stated he would be working on identifying alternative street designs for Charlton Road, conducting a Task Force meeting and preparing for the consultant review process with Council.

Mayor Park extended her appreciation to Mr. Hanson for providing his reports in a timely fashion to Council.

Councilmember Bennett questioned the fact that the materials used for the street improvement project were still located on Salem Church Road. Mr. Hanson stated that he did talk to the contractor and they picked up some of the materials. He explained that they asked to store aggregate materials in the cul-de-sac on 55^th Street for a short period of time.

Mayor Park commented that a resident in that area had expressed some concern regarding storage of materials.

Mr. Hanson explained that the contractor usually only store the materials for two days; it is normally dropped at the site the first day and then used the next day.

Councilmember Williams pointed out that is more for “staging” of the project than for storage purposes.

Council thanked the Engineer for his report.

b.   Building Inspector: Inspector Wahl stated he conducted 4 inspections in September and issued 6 permits and conducted 10 inspections in October and issued 6 permits. He stated that a Certificate of Occupancy was issued to the Schadegg residence. He stated his conference in Reno was excellent and thanked Council for the opportunity to attend.

      Council thanked the Building Inspector for his report.

c.       CITY FORESTER: Mr. Nayes was not present.

      d.   PUBLIC SAFETY:   Mayor Park distributed the Public Safety monthly report for October, 2007. She noted that the gap was narrowing for False Alarms but that it would still exceed last year’s total amount.

Clerk Iago reported that two letters would be sent to residents who have had three False Alarms.

7.   OTHER BUSINESS:   a. Consider Adoption of Updated Building Code Regulations: Attorney Kuntz explained that the State of Minnesota had adopted new Building Code regulations based on updates made to the International Building Code Committee updates. He stated that in July of this year the Building Official was contacted by ISO Insurance regarding the City’s insurance classification and they requested that the City update the Building Code to reflect the new regulations adopted by the State of Minnesota to maintain the City’s insurance rating. He advised that the last time the Code was updated in this manner was in 2005. He also noted a change in the surcharge fee of a minimum of $.50 for fixed permit fees.

The Attorney explained that Inspector Wahl had reviewed the new provisions and made recommendation to adopt those related to grading and flood-proofing for new construction. He stated the City would not be adopting all the optional regulations.

Inspector Wahl also noted that by adopting the new regulations the City’s insurance rating would be maintained.

Mayor Park asked if there were any comments or questions and there was no response.
Councilmember Williams moved, seconded by Councilmember DeCourcy, to adopt Ordinance No. 2007-02 titled, AN ORDINANCE AMENDING AND RESTATING THE CITY OF SUNFISH LAKE CITY CODE, ARTICLE X, RELATING TO THE CITY’S BUILDING CODE AND ADOPTING THE MINNESOTA STATE BUILDING CODE. Motion Carried.

b.   Recycling Grant: Attorney Kuntz explained that the Mayor received information regarding a resolution that must be submitted to Dakota County requesting Recycling Grant Funds. He explained that the request must be submitted this month and asked Council to consider adoption of the resolution requesting the grant funds.

Councilmember MacManus moved, seconded by Councilmember Williams, to adopt Resolution No. 07-13 titled, RESOLUTION AUTHORING SUBMISSION OF A REQUEST FOR FUNDING FROM THE CITY OF SUNFISH LAKE TO DAKOTA COUNTY TO OPERATE A CITYWIDE RECYCLING PROGRAM, and authorizes the Mayor to make application to Dakota County for 2008 Recycling Grant Funds in the amount of $1,200. Motion carried.

Mayor Park explained that she and Adina Overbee would be attending a seminar in West St. Paul sponsored by Dakota County. She noted that Adina has been a great asset to the City and commend her for all of her efforts relating to this program.

c.   Public Hearing – Adopting Fee Schedule and Adoption of Tax Levy and Budget: Mr. Kuntz stated that at the December 4 meeting the Council would be adopting the 2008 Tax Levy and Budget resolutions. He explained that in the past the Council had adopted revisions to the City Fee Schedule on an annual basis by resolution; however, the State Statutes now require that any fee changes over a certain amount must be adopted by Ordinance. He advised that Council should conduct a public hearing to amend the fee schedule as part of the City Code of Ordinances and recommended that the meeting be held on December 4 prior to the regular Council meeting. He advised that if Council concurs with his recommendation he would work with the City Clerk to draft a Public Hearing notice on the matter for 7:00 p.m. on December 4, 2007.

Council concurred to schedule a Public Hearing at 7:00 p.m. on December 4, 2007 regarding an Ordinance Amendment relating to the 2008 City Fee Schedule.

The City Attorney distributed copies of the Dakotas County North-South Corridor Eagan-Inver Grove Heights Travel Demand Study for Council and staff review.

Council thanked the City Attorney for his report.

Planner Smith advised that the Planning Commission had re-scheduled their regular meeting to November 28 and that they would be conducting an Open House for review of the Comprehensive Plan amendment at 7:00 p.m. on that date. She invited Council to attend and stated she would post a Public Hearing Notice for that date. Mayor Park stated she would in the Sunfish Lake Quarterly and asked the Planner to send the Notice to Mike Hovey for the website.

d.   Holiday Party: Mayor Park advised that the City of Sunfish Lake Holiday Party has been tentatively scheduled for December 2 and explained that she has not formalized plans for the location. Councilmember DeCourcy suggested that it may be appropriate to honor former City Clerk Myra Hamper in conjunction with the Holiday Party and possibly solicit additional funds for a gift for Myra.

Councilmember Williams suggested the cost of the party could be increased to include some type of gift for Myra. Mayor Park stated she was in favor of contributions for a gift but preferred not to include it as part of the cost of the party.

Councilmember DeCourcy suggested the possibility of sending a “plant of the month” to the nursing home for Myra.

City Clerk Iago suggested it might be appropriate to purchase a bench or monument of some type that could be dedicated to the former clerk and placed in one of the City parks as a tribute to her many years of service.

Mayor Park and Councilmember DeCourcy offered to work to formalize some type of plan for Myra.

e.   Consultant Reviews: Mayor Park explained that the annual consultant reviews are usually held in November each year. She asked for dates that Council would be available to conduct the reviews.

After discussion, Council concurred to conduct the interviews prior to the December 4 Council meeting, beginning at 6:00 p.m.

Mayor Park asked the Clerk to contact the consultants to determine their availability and St. Anne’s Church to determine if space is available at that time. Clerk Iago stated she would contact the church, the consultants and prepare a notice of the change of meeting time.

The Mayor asked if there was any further business and there was no response.

9.   ADJOURN:            Councilmember Williams moved for adjournment at 9:00 p.m., seconded by Councilmember MacManus and carried.

Molly Park, Mayor                                                 Catherine Iago, City Clerk

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